21862 Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Notices 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XA074 

Takes of Marine Mammals Incidental to 

Specified Activities; Harbor Activities 

Related to the Delta IV/Evolved 

Expendable Launch Vehicle at 

Vandenberg Air Force Base, CA 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; proposed incidental take 

authorization; request for comments. 

SUMMARY: NMFS has received an 

application from United Launch 

Alliance (ULA), for an Incidental 

Harassment Authorization (IHA) to take 

small numbers of marine mammals, by 

harassment, incidental to conducting 

Delta Mariner operations, cargo 

unloading activities, and harbor 

maintenance activities related to the 

Delta IV/Evolved Expendable Launch 

Vehicle (Delta IV/EELV) at south 

Vandenberg Air Force Base, CA (VAFB). 

Pursuant to the Marine Mammal 

Protection Act (MMPA), NMFS is 

requesting comments on its proposal to 

issue an IHA to ULA to incidentally 

harass, by Level B harassment only, 

three species of marine mammals during 

the specified activity. 

DATES: Comments and information must 

be received no later than May 19, 2011. 

ADDRESSES: Comments on the 

application should be addressed to P. 

Michael Payne, Chief, Permits, 

Conservation and Education Division, 

Office of Protected Resources, National 

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 

20910–3225. The mailbox address for 

providing e-mail comments is 

ITP.Cody@noaa.gov. NMFS is not 

responsible for e-mail comments sent to 

addresses other than the one provided 

here. Comments sent via e-mail, 

including all attachments, must not 

exceed a 10-megabyte file size. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.nmfs.noaa.gov/pr/permits/ 

incidental.htm#applications without 

change. All Personal Identifying 

Information (for example, name, 

address, etc.) voluntarily submitted by 

the commenter may be publicly 

accessible. Do not submit confidential 

business information or otherwise 

sensitive or protected information. 

A copy of the application containing 

a list of the references used in this 

document may be obtained by writing to 

the above address, telephoning the 

contact listed here (see FOR FURTHER

INFORMATION CONTACT) or visiting the 

Internet at: http://www.nmfs.noaa.gov/ 

pr/permits/incidental.htm#applications. 

Documents cited in this notice may be 

viewed, by appointment, during regular 

business hours, at the aforementioned 

address. 

FOR FURTHER INFORMATION CONTACT: 

Jeannine Cody, NMFS, Office of 

Protected Resources, NMFS (301) 713– 

2289. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 101(a)(5)(D) of the MMPA (16 

U.S.C. 1371 (a)(5)(D)) directs the 

Secretary of Commerce to authorize, 

upon request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals of a species or 

population stock, by United States 

citizens who engage in a specified 

activity (other than commercial fishing) 

within a specified geographical region if 

certain findings are made and, if the 

taking is limited to harassment, a notice 

of a proposed authorization is provided 

to the public for review. 

Authorization for incidental taking of 

small numbers of marine mammals shall 

be granted if NMFS finds that the taking 

will have a negligible impact on the 

species or stock(s), and will not have an 

unmitigable adverse impact on the 

availability of the species or stock(s) for 

subsistence uses (where relevant). The 

authorization must set forth the 

permissible methods of taking, other 

means of effecting the least practicable 

adverse impact on the species or stock 

and its habitat, and monitoring and 

reporting of such takings. NMFS has 

defined ‘‘negligible impact’’ in 50 CFR 

216.103 as ‘‘* * * an impact resulting 

from the specified activity that cannot 

be reasonably expected to, and is not 

reasonably likely to, adversely affect the 

species or stock through effects on 

annual rates of recruitment or survival.’’ 

Section 101(a)(5)(D) of the MMPA 

established an expedited process by 

which citizens of the United States can 

apply for an authorization to 

incidentally take small numbers of 

marine mammals by harassment. 

Section 101(a)(5)(D) of the MMPA 

establishes a 45-day time limit for 

NMFS’ review of an application 

followed by a 30-day public notice and 

comment period on any proposed 

authorizations for the incidental 

harassment of small numbers of marine 

mammals. Within 45 days of the close 

of the public comment period, NMFS 

must either issue or deny the 

authorization. NMFS must publish a 

notice in the Federal Register within 

30 days of its determination to issue or 

deny the authorization. 

Except with respect to certain 

activities not pertinent here, the MMPA 

defines ‘‘harassment’’ as: 

any act of pursuit, torment, or annoyance 

which (i) has the potential to injure a marine 

mammal or marine mammal stock in the wild 

[Level A harassment]; or (ii) has the potential 

to disturb a marine mammal or marine 

mammal stock in the wild by causing 

disruption of behavioral patterns, including, 

but not limited to, migration, breathing, 

nursing, breeding, feeding, or sheltering 

[Level B harassment]. 

Summary of Request 

NMFS received an application on 

August 4, 2010, from ULA requesting 

the taking by harassment, of small 

numbers of marine mammals, incidental 

to conducting Delta Mariner harbor 

operations for one year. After addressing 

comments from NMFS, ULA modified 

its application and submitted a revised 

application on February 11, 2011. 

NMFS determined that application 

complete and adequate on March 29, 

2011. 

These activities (i.e., transport vessel 

operations, cargo movement activities, 

and harbor maintenance dredging) will 

support Delta IV/EELV launch activities 

from the Space Launch Complex at 

VAFB Harbor and would occur in the 

vicinity of a known pinniped haul out 

site (Small Haul-out Site #1) located at 

34° 33.192′ N, 120° 36.580′ W. 

Acoustic and visual stimuli generated 

by the use of heavy equipment during 

the Delta Mariner off-loading operations 

and the, cargo movement activities, the 

increased presence of personnel, and 

harbor maintenance dredging may have 

the potential to cause California sea 

lions (Zalophus californianus), Pacific 

harbor seals (Phoca vitulina), and 

Northern elephant seals (Mirounga 

angustirostris) hauled out on Small 

Haul-out Site #1 to flush into VAFB 

Harbor or to cause a short-term 

behavioral disturbance for marine 

mammals in the proposed area. These 

types of disturbances are the principal 

means of marine mammal taking 

associated with these activities and ULA 

has requested an authorization to take 

1,089 Pacific harbor seals; 72 California 

sea lions; and 43 Northern elephant 

seals by Level B harassment only. 

To date, NMFS has issued eight, 

1-year, Incidental Harassment 

Authorizations (IHAs) to ULA for the 

conduct of the same activities from 2002 

to 2010, with the last IHA expiring on 

September 3, 2010 (74 FR 46742, 

September 11, 2009). ULA did not 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Notices 21863 

conduct any operations between 2003 

and 2008, and accordingly, was not 

required to conduct any monitoring 

activities related to harbor maintenance 

or Delta Mariner operations. After a 

6-year hiatus, ULA commenced harbor 

maintenance activities in July 2009. 

This is ULA’s ninth request for an IHA 

and the monitoring results from the 

2009 and 2010 operating seasons appear 

in the Proposed Monitoring section of 

this notice. 

Description of the Specified Geographic 

Region 

The proposed activities will take 

place in or near the VAFB harbor 

located on the central coast of California 

at 34° 33′ N, 120° 36′ W in the northeast 

Pacific Ocean. The harbor is 

approximately 2.5 miles (mi) (4.02 

kilometers (km)) south of Point 

Arguello, CA and approximately 1 mi 

(1.61 km) south of the nearest marine 

mammal rookery. 

Description of the Specified Activity 

ULA proposes to conduct Delta IV/ 

EELV activities (transport vessel 

operations, harbor maintenance 

dredging, and cargo movement 

activities) between June 6, 2011 and 

June 5, 2012. The Delta IV/EELV launch 

vehicle is comprised of a common 

booster core (CBC), an upper stage, and 

a payload fairing. The size of the CBC 

requires it to be transported to the VAFB 

launch site by a specially designed 

vessel, the Delta Mariner. To allow safe 

operation of the Delta Mariner, 

maintenance dredging within a harbor 

located in Zone 6 of the Western Space 

and Missile Center (WSMC) in the 

Pacific Ocean (33 CFR 

334.1130(a)(2)(vi)), ULA requires that 

the harbor undergo maintenance on a 

periodic basis. 

Delta Mariner Operations 

The Delta Mariner is a 312-foot (ft) 

(95.1-meter (m)) long, 84-ft (25.6-m) 

wide, steel-hulled, ocean-going vessel 

capable of operating at an 8-ft (2.4-m) 

draft. It is a roll-on, roll-off, selfpropelled ship with an enclosed 

watertight cargo area, a superstructure 

forward, and a ramp at the vessel’s 

stern. 

Delta Mariner off-loading operations 

and associated cargo movements within 

the harbor would occur at a maximum 

frequency of four times per year. The 

8,000-horsepower vessel would enter 

the harbor stern first at 1.5 to 2 knots 

(1.72 mi per hour (mph)) during 

daylight hours at high tide, approaching 

the wharf at less than 0.75 knot (less 

than one mph). At least one tugboat will 

always accompany the Delta Mariner 

during visits to the VAFB harbor. 

Departure will occur under the 

previously-stated conditions. 

Harbor Maintenance Activities 

ULA’s must perform maintenance 

dredging annually or twice per year, 

depending on the hardware delivery 

schedule. To accommodate the Delta 

Mariner’s draft, ULA would need to 

remove up to 5,000 cubic yards of 

sediment per dredging cycle. Dredging 

would involve the use of heavy 

equipment, including a clamshell 

dredge, dredging crane, a small tug, 

dredging barge, dump trucks, and a skip 

loader. Dredge operations, from set-up 

to tear-down, would continue 24-hours 

a day for approximately 35 days. 

ULA provides a more detailed 

description of the work proposed for 

2011–2012 in the application and the 

Final U.S. Air Force Environmental 

Assessment for Harbor Activities 

Associated with the Delta IV Program at 

Vandenberg Air Force Base (ENSR 

International, 2001) which are available 

upon request (see ADDRESSES). 

Cargo Movement Activities 

Removal of the CBC from the vessel 

requires the use of an elevating platform 

transporter (EPT). The EPT is powered 

by a diesel engine manufactured by 

Daimler-Chrysler AG (Mercedes), model 

OM442A, 340HP. ULA would limit 

cargo unloading activities to periods of 

high tide. It takes approximately two 

hours to remove the first CBC from the 

cargo bay and six hours to remove a 

complement of three CBCs. It would 

take up to two additional hours to 

remove remaining cargo which may 

consist of two upper stages, one set of 

fairings, and one payload attach fitting. 

The total of 10 hours includes time 

required to move the flight hardware to 

the staging area. Flight hardware items, 

other than the CBCs, are packaged in 

containers equipped with retractable 

casters and tow bars. ULA would tow 

these containers off the vessel by a 

standard diesel truck tractor. Noise from 

the ground support equipment will be 

muted while inside the cargo bay and 

will be audible to marine mammals only 

during the time the equipment is in the 

harbor area. Cargo movement operations 

would occur for approximately 43 days 

(concurrent with the harbor 

maintenance activities). 

Acoustic Source Specifications 

A discussion of associated noise 

sources from the Delta Mariner, harbor 

maintenance equipment, and the EPT 

follows this section. 

Metrics Used in This Document 

This section includes a brief 

explanation of the sound measurements 

frequently used in the discussions of 

acoustic effects in this document. Sound 

pressure is the sound force per unit 

area, and is usually measured in 

micropascals (μPa), where 1 pascal (Pa) 

is the pressure resulting from a force of 

one newton exerted over an area of one 

square meter. Sound pressure level 

(SPL) is expressed as the ratio of a 

measured sound pressure and a 

reference level. The commonly used 

reference pressure is 1 μPa for under 

water, and the units for SPLs are dB re: 

1 μPa. The commonly used reference 

pressure is 20 μPa for in air, and the 

units for SPLs are dB re: 20 μPa. 

SPL (in decibels (dB)) = 20 log 

(pressure/reference pressure) 

SPL is an instantaneous measurement 

and can be expressed as the peak, the 

peak-peak (p-p), or the root mean square 

(rms). Root mean square, which is the 

square root of the arithmetic average of 

the squared instantaneous pressure 

values, is typically used in discussions 

of the effects of sounds on vertebrates 

and all references to SPL in this 

document refer to the root mean square 

unless otherwise noted. SPL does not 

take the duration of a sound into 

account. 

Characteristics of the Vessel Noise 

Sources of noise from the Delta 

Mariner include ventilating propellers 

used for maneuvering the vessel into 

position and a brief sound from the 

cargo bay door when it becomes 

disengaged. ULA has not performed any 

in situ sound measurements outside the 

vessel. 

Characteristics of the Harbor 

Maintenance and Cargo Movement 

Noise 

ULA estimates that the noise levels 

emanating from within 50 ft (15.2 m) of 

the dredging and construction 

equipment (i.e., backhoe, water truck, 

and clamshell dredge and the cargo 

moving equipment (EPT and roll-off 

truck transporter) would range from 56 

to 95 dB re: 20 μPa. ULA presents the 

equipment noise levels as well as 

measurements of the ambient 

background noise (35 to 48 dB re: 20 

μPa at 250 ft (76.2 m)) measured at the 

dock area in Table 1.2–1 of the 

application. 

Characteristics of the Elevating Platform 

Transporter 

The received level of the EPT’s diesel 

engine when running at mid-speed was 

approximately 85 dB re: 20 μPa at less 

mstockstill on DSKH9S0YB1PROD with NOTICES

21864 Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Notices 

than 20 ft (less than 6.1 m). Prior to 

movement, the EPT operator sounds the 

horn to alert personnel in close 

proximity to the EPT that it is about to 

operate. The EPT operation procedure 

requires two short beeps of the horn 

(approximately one-third seconds each) 

prior to starting the ignition. Sound 

level measurements for the horn ranged 

from 84 to 112 dB re: 20 μPa measured 

at 25 ft (7.6 m) from the source and 62 

to 70 dB re: 20 μPa measured at 200 ft 

(60.9 m) from the source. ULA recorded 

source levels from the side of the 

vehicle where the horn is mounted. 

Characteristics of the Diesel Truck 

Tractor 

The received sound level for the truck 

tractor was approximately 87 dB re: 20 

μPa at 50 ft (15.2 m) while it towed the 

CBCs and remaining cargo items. NMFS 

expects that the Space Launch Complex 

structures will mute the noise generated 

by the ground support equipment while 

operations are conducted within the 

cargo bay. 

Description of Marine Mammals in the 

Area of the Proposed Specified Activity 

The marine mammal species most 

likely to be harassed incidental to 

conducting Delta Mariner operations, 

cargo unloading activities, and harbor 

maintenance activities at VAFB are the 

California sea lion, the Pacific Harbor 

seal, and the northern elephant seal. 

NMFS refers the public to Carretta et al., 

(2010) and Allen and Angliss (2010) for 

general information on these species 

which are presented below this section. 

The publications are available at the 

following URLs: http:// 

www.nmfs.noaa.gov/pr/pdfs/sars/ 

po2010_draft.pdf and http:// 

www.nmfs.noaa.gov/pr/pdfs/sars/ 

ak2010_draft.pdf respectively. 

California Sea Lion 

California sea lions are not listed as 

threatened or endangered under the 

ESA, nor are they categorized as 

depleted under the MMPA. The 

California sea lion includes three 

subspecies: Z. c. wollebaeki (on the 

Galapagos Islands), Z. c. japonicus (in 

Japan, but now thought to be extinct), 

and Z. c. californianus (found from 

southern Mexico to southwestern 

Canada; herein referred to as the 

California sea lion). The subspecies is 

comprised of three stocks: (1) The U.S. 

stock, beginning at the U.S./Mexico 

border extending northward into 

Canada; (2) the western Baja California 

stock, extending from the U.S./Mexico 

border to the southern tip of the Baja 

California peninsula; and (3) the Gulf of 

California stock, which includes the 

Gulf of California from the southern tip 

of the Baja California peninsula and 

across to the mainland and extends to 

southern Mexico (Lowry et al., 1992). 

Adult males can weigh up to 860 

pounds (lbs) (390 kilograms (kg)); and 

an adult female averages approximately 

242 lbs (110 kg). 

In 2009, the estimated population of 

the U.S. stock of California sea lion 

ranged from 141,842 to 238,000 animals 

and the maximum population growth 

rate was 6.52 percent when pup counts 

from El Nin ̃ o years (1983, 1984, 1992, 

1993, 1998, and 2003) were removed 

(Carretta et al., 2010). 

California sea lion breeding areas are 

on islands located in southern 

California, in western Baja California, 

Mexico, and the Gulf of California. 

During the breeding season, most 

California sea lions inhabit southern 

California and Mexico. Rookery sites in 

southern California are limited to the 

San Miguel Islands and the southerly 

Channel Islands of San Nicolas, Santa 

Barbara, and San Clemente (Carretta et 

al., 2010). Males establish breeding 

territories during May through July on 

both land and in the water. Females 

come ashore in mid-May and June 

where they give birth to a single pup 

approximately four to five days after 

arrival and will nurse pups for about a 

week before going on their first feeding 

trip. Females will alternate feeding trips 

with nursing bouts until the pup is 

weaned between four and 10 months of 

age (NMML, 2010). 

Adult and juvenile males will migrate 

as far north as British Columbia, Canada 

while females and pups remain in 

southern California waters in the nonbreeding season. In warm water (El 

Nin ̃ o) years, some females are found as 

far north as Washington and Oregon, 

presumably following prey. 

The largest concentrations of 

California sea lions in the vicinity of 

VAFB occur at Lion Rock, an islet 

located at (34°53′ N, 120°39′ W) offshore 

of Point Sal, CA approximately 24 mi 

(38.6 km) north of the VAFB harbor. 

Historical observations have noted the 

presence of at least 100 California sea 

lions hauled out during any season at 

Lion Rock (Roest, 1995); small groups 

migrating south along the VAFB 

coastline commencing in April (Tetra 

Tech, 1997); juveniles hauled-out with 

harbor seals along the South Base sites 

from July through September (Tetra 

Tech, 1997); and finally, large groups of 

sea lions migrating north along the 

VAFB coastline beginning in August 

(Tetra Tech, 1997). ULA has observed 

juvenile sea lions hauled-out with 

harbor seals along southern VAFB sites 

from July through September (Tetra 

Tech, 1997). 

Pacific Harbor Seal 

Pacific harbor seals are not listed as 

threatened or endangered under the 

ESA, nor are they categorized as 

depleted under the MMPA. The animals 

inhabit near-shore coastal and estuarine 

areas from Baja California, Mexico, to 

the Pribilof Islands in Alaska. Pacific 

harbor seals are divided into two 

subspecies: P. v. stejnegeri in the 

western North Pacific, near Japan, and 

P. v. richardsi in the northeast Pacific 

Ocean. The latter subspecies, recognized 

as three separate stocks, inhabits the 

west coast of the continental United 

States, including: the outer coastal 

waters of Oregon and Washington 

States; Washington State inland waters; 

and Alaska coastal and inland waters. 

The estimated population of the 

California stock of Pacific harbor seals 

ranged from 31,600 to 34,233 animals 

and the maximum population growth 

rate was 3.5 percent (Carretta et al., 

2010). 

In California, over 500 harbor seal 

haulout sites are widely distributed 

along the mainland and offshore 

islands, and include rocky shores, 

beaches and intertidal sandbars (Lowry 

et al., 2005). Harbor seals mate at sea 

and females give birth during the spring 

and summer, although, the pupping 

season varies with latitude. Pups are 

nursed for an average of 24 days and are 

ready to swim minutes after being born. 

Harbor seal pupping takes place at many 

locations and rookery size varies from a 

few pups to many hundreds of pups. 

The nearest harbor seal rookery relative 

to the operational area is at Rocky Point, 

CA approximately one mile (1.61 km) 

south of the harbor. 

ULA estimates that the total 

population of harbor seals on VAFB is 

approximately 1,118 (maximum of 500 

seals hauled out at one time on south 

VAFB) based on sighting surveys and 

telemetry data (Thorson, 2001). The 

daily haul-out behavior of harbor seals 

along the southern VAFB coastline is 

primarily dependent on time of day. 

The highest numbers of seals haul-out 

between 1100 and 1600 hours and the 

seals will occasionally haul out at a 

beach 250 ft (76.2 m) west of the south 

VAFB harbor and on rocks outside the 

harbor breakwater where ULA proposes 

to conduct Delta Mariner operations. 

The maximum number of seals 

present during the 2009 Delta Mariner 

operations was 28, and the maximum 

number hauled out during the 2002 

wharf modification activities was 43, 

averaging 21 animals per day when tidal 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Notices 21865 

conditions were favorable for hauling 

out. 

Northern Elephant Seal 

Northern elephant seals are not listed 

as threatened or endangered under the 

ESA, nor are they categorized as 

depleted under the MMPA. Northern 

elephant seals range in the eastern and 

central North Pacific Ocean, from as far 

north as Alaska and as far south as 

Mexico. Northern elephant seals spend 

much of the year, generally about nine 

months, in the ocean. They are usually 

underwater, diving to depths of about 

1,000–2,500 ft (330–800 m) for 20- to 30- 

minute intervals with only short breaks 

at the surface. They are rarely seen out 

at sea for this reason. While on land, 

they prefer sandy beaches. 

Populations of northern elephant 

seals in the U.S. and Mexico were all 

originally derived from a few tens or a 

few hundreds of individuals surviving 

in Mexico after being nearly hunted to 

extinction (Stewart et al., 1994). 

Although movement and genetic 

exchange continues between rookeries, 

most elephant seals return to their natal 

rookeries when they start breeding 

(Huber et al., 1991). The California 

breeding population is now 

demographically isolated from the Baja 

California population. The estimated 

population of the California stock of 

northern elephant seals ranged from 

74,913 to 124,000 animals and the 

maximum population growth rate was 

11.7 percent (Carretta et al., 2010). 

Northern elephant seals breed and 

give birth in California (U.S.) and Baja 

California (Mexico), primarily on 

offshore islands (Stewart et al., 1994), 

from December to March (Stewart and 

Huber, 1993). Males feed near the 

eastern Aleutian Islands and in the Gulf 

of Alaska, and females feed further 

south, south of 45oN (Stewart and 

Huber, 1993; Le Boeuf et al., 1993). 

Adults return to land between March 

and August to molt, with males 

returning later than females. Adults 

return to their feeding areas again 

between their spring/summer molting 

and their winter breeding seasons. 

ULA reports that northern elephant 

seals do not breed in the VAFB harbor 

area nor on its offshore islets. However, 

some juvenile and sub-adult elephant 

seals, primarily immature males, 

regularly use some of the VAFB 

shoreline as haul-outs. The juvenile and 

sub-adult elephant seals do not haul out 

in the VAFB harbor area. 

ULA has no verified records of 

elephant seals on VAFB prior to 1998. 

In 2004, ULA counted a maximum of 

188 elephant seals in VAFB; however, 

they consider this observation to be an 

outlier, as most on-site surveys have 

counted less than 10 individuals. 

Other Marine Mammals in the Proposed 

Action Area 

There are several endangered 

cetaceans that have the potential to 

transit in the vicinity of the VAFB 

harbor including the short-beaked 

common dolphin (Delphinus delphis), 

the Pacific white-sided dolphin 

(Lagenorhynchus obliquidens), and the 

gray whale (Eschrichtius robustus). 

NMFS will not consider these species 

further in this proposed IHA notice as 

they are typically found farther offshore 

of the VAFB harbor and are unlikely or 

rare in the proposed action area. 

All of the aforementioned species are 

found farther offshore than the proposed 

action area and are not likely to be 

affected by the Delta Mariner 

operations. Accordingly, NMFS will not 

consider these species in greater detail. 

Other species of pinnipeds species are 

rare to infrequent along the south VAFB 

coast during certain times of the year 

and are unlikely to be harassed by 

ULA’s activities. These three species 

are: the northern fur seal (Callorhinus 

ursinus), Guadalupe fur seal 

(Arctocephalus townsendi), and Steller 

sea lion (Eumetopias jubatus). Northern 

fur seals, Guadalupe fur seals, and 

Steller sea lions occur along the 

California coast and Northern Channel 

Islands but are not likely to be found on 

VAFB. Descriptions of the biology and 

distribution of these species can be 

found in the NMFS Stock Assessment 

Reports at http://www.nmfs.noaa.gov/ 

pr/sars/. 

California (southern) sea otters 

(Enhydra lutris nereis) are listed as 

threatened under the ESA and 

categorized as depleted under the 

MMPA. The U.S. Fish and Wildlife 

Service manages this species and NMFS 

will not consider this species in greater 

detail within this notice. The proposed 

IHA will only address requested take 

authorizations for pinnipeds. 

Potential Effects on Marine Mammals 

Acoustic and visual stimuli generated 

by: the use of heavy equipment during 

the Delta Mariner off-loading operations 

and harbor dredging and the increased 

presence of personnel may have the 

potential to cause Level B harassment of 

any pinnipeds hauled out in the VAFB 

harbor. This disturbance from acoustic 

and visual stimuli is the principal 

means of marine mammal taking 

associated with these activities. 

Based on the measured sounds of 

construction equipment, such as might 

be used during ULA’s activities, sound 

level intensity decreases proportional to 

the square root of the distance from the 

source. A dredging crane at the end of 

the dock producing 88 dB re: 20 μPa of 

noise would be approximately 72 dB re: 

20 μPa at the nearest beach or the end 

of the breakwater, roughly 250 ft (76.2 

m) away. The EPT produces 

approximately 85 dB re: 20 μPa, 

measured less than 20 ft (6 m) from the 

engine exhaust, when the engine is 

running at mid speed. The EPT 

operation procedure requires two short 

beeps of the horn (approximately 1⁄3 of 

a second each) prior to starting the 

ignition. Sound level measurements for 

the horn ranged from 84–112 dB re: 20 

μPa at 25 ft (7.6 m) away and 62–70 dB 

re: 20 μPa at 200 ft (61 m) away. The 

highest measurement was taken from 

the side of the vehicle where the horn 

is mounted. Ambient background noise 

measured approximately 250 ft (76.2 m) 

from the beach was estimated to be 35– 

48 dB re: 20 μPa (Acentech, 1998; EPA, 

1971). 

Pinnipeds sometimes show startle 

reactions when exposed to sudden brief 

sounds. An acoustic stimulus with 

sudden onset (such as a sonic boom) 

may be analogous to a ‘‘looming’’ visual 

stimulus (Hayes and Saif, 1967), which 

may elicit flight away from the source 

(Berrens et al., 1988). The onset of 

operations by a loud sound source, such 

as the EPT during CBC off-loading 

procedures, may elicit such a reaction. 

In addition, the movements of cranes 

and dredges may represent a ‘‘looming’’ 

visual stimulus to seals hauled out in 

close proximity. Seals and sea lions 

exposed to such acoustic and visual 

stimuli may either exhibit a startle 

response and/or leave the haul-out site. 

According to the MMPA and NMFS’ 

implementing regulations, if harbor 

activities disrupt the behavioral patterns 

of harbor seals or sea lions, these 

activities would take marine mammals 

by Level B harassment. In general, if the 

received level of the noise stimulus 

exceeds both the background (ambient) 

noise level and the auditory threshold of 

the animals, and especially if the 

stimulus is novel to them, there may be 

a behavioral response. The probability 

and degree of response will also depend 

on the season, the group composition of 

the pinnipeds, and the type of activity 

in which they are engaged. Minor and 

brief responses, such as short-duration 

startle or alert reactions, are not likely 

to constitute disruption of behavioral 

patterns, such as migration, nursing, 

breeding, feeding, or sheltering (i.e., 

Level B harassment) and would not 

cause injury or mortality to marine 

mammals. On the other hand, startle 

and alert reactions accompanied by 

large-scale movements, such as 

mstockstill on DSKH9S0YB1PROD with NOTICES

21866 Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Notices 

stampedes into the water of hundreds of 

animals, may rise to the degree of Level 

A harassment and could result in injury 

of individuals. In addition, such largescale movements by dense aggregations 

of marine mammals or at pupping sites 

could potentially lead to takes by injury 

or death. However, there is no potential 

for large-scale movements leading to 

serious injury or mortality near the 

south VAFB harbor because, 

historically, the number of harbor seals 

hauled out near the site is less than 30 

individuals, and there is no pupping at 

nearby sites. The effects of the harbor 

activities are expected to be limited to 

short-term startle responses and 

localized behavioral changes. 

According to the June 2002 dock 

modification construction report 

(ENSRI, 2002), the maximum number of 

harbor seals hauled out each day ranged 

from 23 to 25 animals. There were 15 

occasions in which construction noise, 

vehicle noise, or noise from a fishing 

boat caused the seals to lift their heads. 

Flushing only occurred due to 

recreational fishing activities, which 

were unrelated to the construction 

activities. The sea lions were less 

reactive to the construction noise than 

the harbor seals. None of the 

construction activities caused any of the 

sea lions to leave the jetty rocks, and 

there was only one incident of a head 

alert reaction. Further, the report from 

the December 2002 dredging activities 

shows that the number of Pacific harbor 

seals ranged from zero to 19, and that 

California sea lions did not haul out 

during the monitoring period. On 10 

occasions, harbor seals showed head 

alerts, although two of the alerts were 

for disturbances that were not related to 

the project. No harbor seals flushed 

during the activities on the dock. 

The monitoring report from the 2009 

season (July 8 through Sept 21) notes 

that Pacific harbor seals hauled out in 

the vicinity were more responsive to 

visual disturbances than to auditory 

disturbances. ULA did not observe any 

behavioral reactions of the harbor seals 

to equipment start-up. However, 

observers noted that harbor seals 

present slowly flushed when they could 

see equipment moving from their 

vantage point in the haulout area. On 

five occasions, harbor seals showed 

head alerts and on eight occasions, 

harbor seals entered the water. 

NMFS would expect the pinnipeds to 

return to a haulout site within 60 min 

of the disturbance (Allen et al., 1985). 

The effects to pinnipeds appear at the 

most to displace the animals 

temporarily from their haul out sites 

and NMFS does not expect that the 

pinnipeds would permanently abandon 

a haul-out site during the conduct of 

harbor maintenance and Delta Mariner 

operations. 

Finally, no operations would occur on 

pinniped rookeries; therefore, NMFS 

does not expect mother and pup 

separation or crushing of pups to occur. 

The potential effects to marine 

mammals described in this section of 

the document do not take into 

consideration the proposed monitoring 

and mitigation measures described later 

in this document (see the ‘‘Proposed 

Mitigation’’ and ‘‘Proposed Monitoring 

and Reporting’’ sections) which, as 

noted are designed to effect the least 

practicable adverse impact on affected 

marine mammal species and stocks. 

Anticipated Effects on Habitat 

NMFS does not anticipate that the 

proposed operations would result in any 

temporary or permanent effects on the 

habitats used by the marine mammals in 

the proposed area, including the food 

sources they use (i.e. fish and 

invertebrates). NMFS does not 

anticipate that there would be any 

physical damage to any habitat. While 

NMFS anticipates that the specified 

activity may result in marine mammals 

avoiding certain areas due to temporary 

ensonification and human presence, this 

impact to habitat is temporary and 

reversible which NMFS considered in 

further detail earlier in this document, 

as behavioral modification. 

Proposed Mitigation 

In order to issue an incidental take 

authorization (ITA) under section 

101(a)(5)(D) of the MMPA, NMFS must 

set forth the permissible methods of 

taking pursuant to such activity, and 

other means of effecting the least 

practicable adverse impact on such 

species or stock and its habitat, paying 

particular attention to rookeries, mating 

grounds, and areas of similar 

significance, and the availability of such 

species or stock for taking for certain 

subsistence uses. 

ULA has based the proposed 

mitigation measures described herein, to 

be implemented for the proposed 

operations, on the following: 

(1) Protocols used during previous 

operations as approved by NMFS; and 

(2) Previous IHA applications and 

IHAs approved and authorized by 

NMFS. 

To reduce the potential for 

disturbance from visual and acoustic 

stimuli associated with the activities, 

ULA/and or its designees propose to 

implement the following mitigating 

measures for marine mammals: 

(1) If activities occur during nighttime 

hours, ULA will turn on lighting 

equipment before dusk. The lights 

would remain on for the entire night to 

avoid startling pinnipeds. 

(2) Initiate operations before dusk. 

(3) Keep construction noises at a 

constant level (i.e., not interrupted by 

periods of quiet in excess of 30 minutes) 

while pinnipeds are present. 

(4) If activities cease for longer than 

30 minutes and pinnipeds are in the 

area, ULA would initiate a gradual startup of activities to ensure a gradual 

increase in noise levels. 

(5) A NMFS-qualified marine 

mammal observer would visually 

monitor the harbor seals on the beach 

adjacent to the harbor and on rocks for 

any flushing or other behaviors as a 

result of ULA’s activities (see 

Monitoring). 

(6) The Delta Mariner and 

accompanying vessels would enter the 

harbor only when the tide is too high for 

harbor seals to haul-out on the rocks; 

reducing speed to 1.5 to 2 knots (1.5– 

2.0 nm/hr; 2.8–3.7 km/hr) once the 

vessel is within 3 mi (4.83 km) of the 

harbor. The vessel would enter the 

harbor stern first, approaching the wharf 

and moorings at less than 0.75 knot (1.4 

km/hr). 

(7) As alternate dredge methods are 

explored, the dredge contractor may 

introduce quieter techniques and 

equipment. 

NMFS has carefully evaluated the 

applicant’s proposed mitigation 

measures and has considered a range of 

other measures in the context of 

ensuring that NMFS prescribes the 

means of effecting the least practicable 

adverse impact on the affected marine 

mammal species and stocks and their 

habitat. Our evaluation of potential 

measures included consideration of the 

following factors in relation to one 

another: (1) The manner in which, and 

the degree to which, the successful 

implementation of the measure is 

expected to minimize adverse impacts 

to marine mammals; (2) the proven or 

likely efficacy of the specific measure to 

minimize adverse impacts as planned; 

and (3) the practicability of the measure 

for applicant implementation. 

Based on our evaluation of the 

applicant’s proposed measures, as well 

as other measures considered by NMFS 

or recommended by the public, NMFS 

has preliminarily determined that the 

proposed mitigation measures provide 

the means of effecting the least 

practicable adverse impacts on marine 

mammals species or stocks and their 

habitat, paying particular attention to 

rookeries, mating grounds, and areas of 

similar significance. 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Notices 21867 

Proposed Monitoring 

Summary of Previous Monitoring 

ULA complied with the mitigation 

and monitoring required under the 

previous authorization for the 2009 and 

2010 seasons. In compliance with both 

IHAs, ULA submitted a final report on 

the activities at VAFB harbor, covering 

the period of July 6 through September 

21, 2009 and June 2 through 18, 2010. 

Each IHA required ULA to conduct 

baseline observations of pinnipeds in 

the project area prior to initiating 

project activities; conduct and record 

observations on pinnipeds in the 

vicinity of the harbor for the duration of 

the activity occurring when tides are 

2 ft (0.61 m) or less (i.e., low enough for 

pinnipeds to haul-out); and conduct 

post-construction observations of 

pinniped haul-outs in the project area to 

determine whether animals disturbed by 

the project activities return to the haulout. 

During the effective dates of the 2009 

IHA, ULA conducted 22 sessions of 

harbor maintenance and Delta Mariner 

operations which did not exceed the 

activity levels analyzed under the 2009 

authorization. During the July 6 through 

August 7, 2009 monitoring period, both 

Pacific harbor seals and California sea 

lions hauled out within view of the 

harbor and dock where ULA conducted 

project activities. ULA reported that the 

maximum number of harbor seals 

hauled out each day ranged from one to 

28 animals with most using the rocks 

approximately 540 to 570 ft (164.9 to 

173.7 m) south of the harbor area. The 

maximum number of sea lions present 

ranged from one to two animals and 

both sea lions hauled out at either the 

breakwater and or on a beach southwest 

of the dock area. On four occasions, 

harbor seals exhibited head alerts to 

equipment movement and equipment 

noise. California sea lions exhibited 

head alerts on one occasion involving 

engine noise and engine movement. 

There was no indication of altered 

behavior of harbor seals and sea lions in 

the water due to activities occurring on 

the dock or barge. ULA routinely 

observed pinnipeds rafting or swimming 

within and around the harbor for the 

duration of the operations. During the 

September 17–21, 2009 monitoring 

period for activities associated with 

cargo delivery for the Delta Mariner, the 

only observations of pinnipeds hauled 

out occurred on September 20th. 

However, the operations concluded by 

the time that the tide had reached low 

enough levels (0.51 ft; 0.15 m) for 

pinnipeds to begin hauling out on the 

rocks. Table 1 summarizes the 

pinnipeds’ reactions to project-related 

disturbances in 2009. 

TABLE 1—SUMMARY OF PINNIPED REACTIONS TO HARBOR DREDGING AND DELTA MARINER OPERATIONS IN 2009 

2009 

Season Time Species 

Number 

hauled 

out 

Disturbance Head 

alert 

Entered 

water 

Jul 8 .............. 7:54 Pacific harbor seal ............... 10 Crane arm raised to vertical .............................................. 0 10 

Jul 9 .............. 8:06 Pacific harbor seal ............... 2 Crane arm movement ........................................................ 0 2 

Jul 10 ............ 7:22 Pacific harbor seal ............... 8 Crane arm movement ........................................................ 7 1 

7:25 .............................................. 8 Crane arm movement ........................................................ 5 0 

7:26 .............................................. 8 Crane arm movement ........................................................ 3 5 

7:31 .............................................. 3 Crane dredges up segment of flexible pipe ...................... 0 3 

Jul 20 ............ 8:58 California sea lion ................ 1 Loader engine start and loader movement ....................... 1 0 

Jul 22 ............ 7:23 Pacific harbor seal ............... 23 Noise from excavator bucket startles a large number of 

pelicans.

12 11 

Jul 24 ............ 7:16 Pacific harbor seal ............... 24 Excavator arm moved ........................................................ 0 24 

Jul 27 ............ 9:11 California sea lion ................ 2 Workers walking on breakwater ........................................ 0 1 

During the effective dates of the 2010 

IHA, ULA conducted 6 sessions of 

harbor dredging and Delta Mariner 

operations which did not exceed the 

activity levels analyzed under the 2010 

authorization. During the June 2 to 18, 

2010 monitoring period, both Pacific 

harbor seals and California sea lions 

hauled out within view of the harbor 

and dock. For the 2010 season, ULA 

reported that the maximum number of 

harbor seals hauled out each day ranged 

from one to 14 animals with most using 

the rocks approximately 540 to 570 ft 

(164.9 to 173.7 m) to south of the harbor 

area. The maximum number of sea lions 

present ranged from one to two animals 

with both animals hauled out at the 

breakwater. Again, there was no 

indication of altered behavior of Pacific 

harbor seals and California sea lions in 

the water due to activities occurring on 

the dock or in the harbor. Similar to the 

observations reported for the 2009 

season, ULA routinely observed 

pinnipeds rafting or swimming within 

and around the harbor for the duration 

of the project’s activities. Table 2 

summarizes pinniped reactions to 

project-related disturbances in 2010. 

TABLE 2—SUMMARY OF PINNIPED REACTIONS TO HARBOR DREDGING AND DELTA MARINER OPERATIONS IN 2010 

2009 

Season Time Species 

Number 

hauled 

out 

Disturbance Head 

alert 

Entered 

water 

Jun 17 ........... 8:52 Pacific harbor seal ............... 4 Crane arm made loud noise .............................................. 1 2 

9:03 Pacific harbor seal ............... 4 Crane arm movement—flapping noise .............................. 0 2 

These results support NMFS’ original 

findings that the mitigation measures set 

forth in the 2009 and 2010 IHAs effected 

the least practicable adverse impact on 

the species or stock. 

For a complete record of all 

observations, NMFS refers the reader to 

the ULA monitoring reports available at 

http://www.nmfs.noaa.gov/pr/permits/ 

incidental.htm#applications. 

mstockstill on DSKH9S0YB1PROD with NOTICES

21868 Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Notices 

In order to issue an ITA for an 

activity, section 101(a)(5)(D) of the 

MMPA states that NMFS must set forth 

‘‘requirements pertaining to the 

monitoring and reporting of such 

taking.’’ The MMPA implementing 

regulations at 50 CFR 216.104(a)(13) 

indicate that requests for IHAs must 

include the suggested means of 

accomplishing the necessary monitoring 

and reporting that will result in 

increased knowledge of the species and 

of the level of taking or impacts on 

populations of marine mammals that are 

expected to be present. 

As part of its 2002 application for an 

IHA, ULA provided a proposed 

monitoring plan for assessing impacts to 

harbor seals from the activities at south 

VAFB harbor and for determining when 

mitigation measures should be 

employed. NMFS proposes the same 

plan for the 2011 IHA. 

A NMFS-qualified and VAFBdesignated biologically trained observer 

will monitor the area for pinnipeds 

during all harbor activities. During 

nighttime activities, the harbor area will 

be illuminated, and the monitor will use 

a night vision scope. Monitoring 

activities will consist of: 

(1) Conducting baseline observation of 

pinnipeds in the project area prior to 

initiating project activities. 

(2) Conducting and recording 

observations on pinnipeds in the 

vicinity of the harbor for the duration of 

the activity occurring when tides are 

low enough (less than or equal to 2 ft 

(0.61 m) for pinnipeds to haul out 

(3) Conducting post-construction 

observations of pinniped haul-outs in 

the project area to determine whether 

animals disturbed by the project 

activities return to the haul-out. 

NMFS has reviewed the monitoring 

results from previous operations and 

has incorporated the results into the 

analysis of potential effects in this 

document. 

Proposed Reporting 

ULA will notify NMFS two weeks 

prior to initiation of each activity. After 

the completion of each activity, ULA 

will submit a draft final monitoring 

report to NMFS within 120 days to the 

Director of Office of Protected Resources 

at NMFS Headquarters. If ULA receives 

no comments from NMFS on the draft 

Final Monitoring Report, NMFS would 

consider the draft Final Monitoring 

Report to be the Final Monitoring 

Report. 

The final report would provide dates, 

times, durations, and locations of 

specific activities, details of pinniped 

behavioral observations, and estimates 

of numbers of affected pinnipeds and 

impacts (behavioral or other). In 

addition, the report would include 

information on the weather, tidal state, 

horizontal visibility, and composition 

(species, gender, and age class) and 

locations of haul-out group(s). In the 

unanticipated event that any cases of 

pinniped injury or mortality are judged 

to result from these activities, ULA 

would report the incident to NMFS 

immediately. 

ULA will report all injured or dead 

marine mammals (regardless of cause) to 

NMFS as soon as practicable. The report 

should include the species or 

description of the animal, the condition 

of the animal, location, time first found, 

observed behaviors (if alive) and photo 

or video, if available. 

Estimated Take by Incidental 

Harassment 

Except with respect to certain 

activities not pertinent here, the MMPA 

defines ‘‘harassment’’ as: 

any act of pursuit, torment, or annoyance 

which (i) has the potential to injure a marine 

mammal or marine mammal stock in the wild 

[Level A harassment]; or (ii) has the potential 

to disturb a marine mammal or marine 

mammal stock in the wild by causing 

disruption of behavioral patterns, including, 

but not limited to, migration, breathing, 

nursing, breeding, feeding, or sheltering 

[Level B harassment]. 

Only take by Level B harassment is 

anticipated and authorized as a result of 

the proposed harbor maintenance and 

Delta Mariner operations in the VAFB 

harbor. Based on ULA’s previous 

monitoring reports, with the same 

activities conducted in the proposed 

operations area NMFS estimates that 

approximately 659 Pacific harbor seals, 

38 California sea lions, and 5 northern 

elephant seals could be potentially 

affected by Level B behavioral 

harassment over the course of the 

proposed IHA. NMFS bases the 

estimates on historical pinniped survey 

counts from 2001 to 2009 and calculated 

takes by multiplying the average of the 

maximum abundance by 43 days. Thus, 

ULA requests an IHA to incidentally 

harass approximately 1,089 Pacific 

harbor seals (15 animals by 43 days), 72 

California sea lions (2 animals by 43 

days), and 43 northern elephant seals (1 

animals by 43 days). 

NMFS expects all of the potential 

takes to be Level B behavioral 

harassment only. Because of the 

required mitigation measures and the 

likelihood that some pinnipeds will 

avoid the area due to wave inundation 

of the haulout area, NMFS expects no 

injury, serious injury, or mortality to 

occur. 

Negligible Impact and Small Numbers 

Analysis and Determination 

NMFS has defined ‘‘negligible impact’’ 

in 50 CFR 216.103 as ‘‘* * * an impact 

resulting from the specified activity that 

cannot be reasonably expected to, and is 

not reasonably likely to, adversely affect 

the species or stock through effects on 

annual rates of recruitment or survival.’’ 

In making a negligible impact 

determination, NMFS considers a 

variety of factors, including but not 

limited to: 

(1) The number of anticipated 

mortalities; 

(2) The number and nature of 

anticipated injuries; 

(3) The number, nature, and intensity, 

and duration of Level B harassment; and 

(4) The context in which the takes 

occur. 

As mentioned previously, NMFS 

estimates that three species of marine 

mammals could be potentially affected 

by Level B harassment over the course 

of the IHA. For each species, these 

numbers are small (each, less than two 

percent) relative to the population size. 

NMFS does not anticipate takes by 

Level A harassment, serious injury, or 

mortality to occur as a result of ULA’s 

proposed activities, and none are 

authorized. These species may exhibit 

behavioral modifications, including 

temporarily vacating the area during the 

proposed harbor maintenance and Delta 

Mariner operations to avoid the 

resultant acoustic and visual 

disturbances. However, NMFS 

anticipates only short-term behavioral 

disturbance due to the brief duration of 

the proposed activities; the availability 

of alternate areas near the VAFB harbor 

for pinnipeds to avoid the resultant 

noise from the maintenance and vessel 

operations; and that no operations 

would occur on pinniped rookeries. Due 

to the nature, degree, and context of the 

behavioral harassment anticipated, the 

activities are not expected to impact 

rates of recruitment or survival. 

Based on the analysis contained 

herein of the likely effects of the 

specified activity on marine mammals 

and their habitat, and taking into 

consideration the implementation of the 

mitigation and monitoring measures, 

NMFS preliminarily finds that the 

impact of conducting proposed harbor 

maintenance and vessel operations June 

2011 through June 2012, will result in 

the incidental take of small numbers of 

marine mammals, by Level B behavioral 

harassment only, and that the total 

taking from the ULA’s proposed 

activities will have a negligible impact 

on the affected species or stocks; and 

that impacts to affected species or stocks 

of marine mammals would be mitigated 

to the lowest level practicable. 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Notices 21869 

1The Commission voted 5–0 to approve 

publication of this notice. Commissioner Anne 

Northup filed a statement concerning this action 

which may be viewed on the Commission’s Web 

site at http://www.cpsc.gov/pr/statements.html or 

obtained from the Commission’s Office of the 

Secretary. 

Impact on Availability of Affected 

Species or Stock for Taking for 

Subsistence Uses 

There are no relevant subsistence uses 

of marine mammals implicated by this 

action. 

Endangered Species Act (ESA) 

This action will not affect species 

listed under the ESA that are under 

NMFS’ jurisdiction. VAFB formally 

consulted with the U.S. Fish and 

Wildlife Service in 1998 on the possible 

take of southern sea otters during ULA’s 

harbor activities at south VAFB. A 

Biological Opinion was issued in 

August 2001, which concluded that the 

EELV Program is not likely to jeopardize 

the continued existence of the southern 

sea otter, and no injury or mortality is 

expected. The activities covered by this 

IHA are analyzed in that Biological 

Opinion, and this IHA does not modify 

the action in a manner that was not 

previously analyzed. 

National Environmental Policy Act 

(NEPA) 

In 2001, the USAF prepared an 

Environmental Assessment (EA) for 

Harbor Activities Associated with the 

Delta IV Program at VAFB. In 2005, 

NMFS prepared an EA augmenting the 

information contained in the USAF EA 

and issued a Finding of No Significant 

Impact (FONSI) on the issuance of an 

IHA for ULA’s harbor activities in 

accordance with section 6.01 of the 

NOAA Administrative Order 216–6 

(Environmental Review Procedures for 

Implementing the National 

Environmental Policy Act, May 20, 

1999). ULA’s proposed activities and 

impacts for 2011–2012 are within the 

scope of NMFS’ 2005 EA and FONSI. 

NMFS has again reviewed the 2005 EA 

and determined that there are no new 

direct, indirect or cumulative impacts to 

the human and natural environment 

associated with the IHA requiring 

evaluation in a supplemental EA and 

NMFS, therefore, intends to reaffirm the 

2005 FONSI. A copy of the EA and the 

FONSI for this activity is available upon 

request (see ADDRESSES). 

Dated: April 13, 2011. 

James H. Lecky, 

Deputy Director, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. 2011–9459 Filed 4–18–11; 8:45 am] 

BILLING CODE 3510–22–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meeting 

The following notice of scheduled 

meeting is published pursuant to the 

provisions of the Government in the 

Sunshine Act, Public Law 94–409, 5 

U.S.C. 552b. 

AGENCY HOLDING THE MEETING: 

Commodity Futures Trading 

Commission. 

TIME AND DATE: The Commission has 

scheduled a meeting for the following 

date: April 27, 2011 at 9:30 a.m. 

PLACE: Three Lafayette Center, 1155 21st 

St., NW., Washington, DC, Lobby Level 

Hearing Room (Room 1000). 

STATUS: Open. 

MATTERS TO BE CONSIDERED: The 

Commission has scheduled this meeting 

to consider various rulemaking matters, 

including the issuance of proposed rules 

and the approval of final rules. The 

Commission may also consider and vote 

on dates and times for future meetings. 

Agendas for each scheduled meeting 

will be made available to the public and 

posted on the Commission’s Web site at 

http://www.cftc.gov at least seven (7) 

days prior to the meeting. In the event 

that the time or date of the meeting 

changes, an announcement of the 

change, along with the new time and 

place of the meeting will be posted on 

the Commission’s Web site. 

CONTACT PERSON FOR MORE INFORMATION: 

David A. Stawick, Secretary of the 

Commission, 202–418–5071. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. 2011–9591 Filed 4–15–11; 4:15 pm] 

BILLING CODE 6351–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[Docket No. CPSC–2010–0112] 

Agency Information Collection 

Activities; Submission for Office of 

Management and Budget Review; 

Comment Request; Prize Competitions 

and Contests 

AGENCY: U.S. Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: The U.S. Consumer Product 

Safety Commission (‘‘CPSC’’ or 

‘‘Commission’’) is announcing that a 

proposed collection of information has 

been submitted to the U.S. Office of 

Management and Budget (‘‘OMB’’) for 

review and clearance under the 

Paperwork Reduction Act of 1995.1

DATES: Fax written comments on the 

collection of information by May 19, 

2011. 

ADDRESSES: To ensure that comments on 

the information collection are received, 

the OMB recommends that written 

comments be faxed to the Office of 

Information and Regulatory Affairs, 

OMB, Attn: CPSC Desk Officer, FAX: 

202–395–6974, or e-mailed to 

oira_submission@omb.eop.gov. All 

comments should be identified by 

Docket No. CPSC–2010–0112. In 

addition, written comments also should 

be submitted at http:// 

www.regulations.gov, under Docket No. 

CPSC–2010–0112, or by mail/hand 

delivery/courier (for paper, disk, or CD– 

ROM submissions), preferably in five 

copies, to: Office of the Secretary, U.S. 

Consumer Product Safety Commission, 

Room 820, 4330 East West Highway, 

Bethesda, MD 20814; telephone (301) 

504–7923. For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Linda Glatz, Division of Policy and 

Planning, Office of Information 

Technology, U.S. Consumer Product 

Safety Commission, 4330 East-West 

Highway, Bethesda, MD 20814. 301– 

504–7671. lglatz@cpsc.gov. 

SUPPLEMENTARY INFORMATION: In 

compliance with 44 U.S.C. 3507, the 

CPSC has submitted the following 

proposed collection of information to 

the OMB for review and clearance: Prize 

Competitions and Contests. 

Consistent with the OMB 

Memorandum on the Use of Challenges 

and Prizes to Promote Open 

Government (M–10–11, March 8, 2010), 

the CPSC intends to establish contests 

and give awards to members of the 

public to further the mission of the 

CPSC. The purposes of the proposed 

contests and awards range from 

increasing the knowledge and 

awareness of schoolchildren of certain 

safety hazards, such as carbon 

monoxide poisoning, to recognizing 

outstanding consumer product safety 

accomplishments of scientists, business 

leaders, entrepreneurs, and others who 

have demonstrated support of the 

CPSC’s product safety mission. The 

CPSC awards and contests will highlight 

mstockstill on DSKH9S0YB1PROD with NOTICES